LSK files case against arrest, charges over clients’ work

January 14, 2019 3:31 pm

The move by LSK comes in the wake of the arrest of former LSK Chairman Tom Ojienda last December over corruption allegations involving Mumias Sugar Company/FILE

By RACHEAL MBURU, NAIROBI, Kenya, Jan 14 – Lawyers have protested against the move by the Director of Public Prosecutions (DPP) Noordin Haji to arrest and prosecute them in relation to their work.

Under the umbrella Law Society of Kenya (LSK), the petitioner’s members want the DPP prohibited from such action before exhausting all the mechanisms set out under the Advocates Act.

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The DPP has been accused of subjecting lawyers to arbitrary arrests and prosecution while in the process of representing their clients.

Allowing the DPP “to continue with this precarious trend is an affront to the rule of law in the pursuit of justice,” they argue.

The move by LSK comes in the wake of the arrest of former LSK Chairman Tom Ojienda last December over corruption allegations involving Mumias Sugar Company. Ojienda went to court and blocked the charges.

The lawyers argue if not stopped, the move by the DPP will open them up to negative legal consequences by prevailing on them to pierce the veil of privilege.

“The petitioner’s members are required to by law to keep client information and details confidential unless the latter are fraudulent,” LSK states.

Among the orders sought include prohibiting the DPP from arresting its members if it relates to the practise and a compelling directive to always be released on bail or free bond when apprehended.